§ 27-163. Responsibility for system; failure to maintain; abatement and cost recovery not a defense.

(a)

The property owner is solely responsible to provide, repair, maintain, and pay all costs and expenses for a stormwater management system that is required by this article.

(b)

The property owner (and other responsible persons, if designated) shall maintain in good operating condition and promptly repair and restore all elements of a required stormwater management system, including, but not limited to, grade surfaces, walls, drains, dams and structures, vegetation, erosion and sedimentation controls, and other protective devices. All repairs, restoration, and maintenance shall be in accordance with the O&M plan and agreement and approved final stormwater management plan and shall be at no cost or expense to the city.

(c)

If the property owner (or other responsible person) fails or refuses to meet the requirements of the O&M plan and agreement, the city engineer may enter the property and perform, or cause to be performed, the necessary work to return the stormwater management system to full compliance, and bill the property owner for the full cost of any such work.

(d)

The abatement by the city of any violation, or any failure or refusal to comply, with any requirement of this article and subsequent recovery by the city of all or a portion of the costs and expenses incurred by the city shall not be a defense to any action by the city against any person for the violation, including without limitation, any action by the city to collect civil fines, damages, costs or expenses as otherwise authorized by law.

(Ord. No. 2011.01, § 1, 1-11-11)